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j_ccu_2018a_2018-10-15t11:02:04z9 Hearing Summary




PUBLIC
BILL SUMMARY For 2.E. LLS 19-0161: REMOTE NOTARIZATION – UNIFORM LAW

JOINT COMMITTEE COMMITTEE ON COLORADO COMMISSION ON UNIFORM STATE LAWS
Date Oct 15, 2018      
Location HCR 0112



2.e. LLS 19-0161: Remote Notarization – Uniform Law - Public Testimony and Commission Discussion


12:55:51 PM  

Commissioner Morris noted that the bill has been drafted as an amendment to the existing uniform law on remote notarization recently enacted in Colorado. Commissioner Gardner noted that the commission had received a letter from the Colorado Bar Association, Colorado Association of Realtors, Land Title Guarantee Company, Land Title Association of Colorado, and Colorado Mortgage Lenders Association expressing concerns with data security and jurisdictional issues regarding out-of-state notaries.

The commission pointed out that the bill has been amended for service of process to go to the Secretary of State’s (SOS) office as the provider’s agent. In addition, the recently enacted data privacy law, HB18-1128, would provide protection for sensitive information. To address some privacy concerns it may be necessary to limit what can be included in the recording and thus subject to release, either in the bill or through rulemaking. The commission will continue to work with stakeholders to address concerns within the confines of the uniformity of the act.

Suzanne Staiert, Deputy Secretary of State, stated that department’s promulgation of rules would be guided by the legislature through its grants of rulemaking authority. If specific rules are desired it is best to include specific grants of rulemaking authority to create those rules in the bill.

The commission deferred action on this bill until the next meeting, but is moving towards introduction in the 2019 legislative session.






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